TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 157

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

0003230 G.F. 323

CONFIDENTIAL

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accretion was obtained, by any other person whom, having

regard to his relationship to the accused or to any other '

circumstances, there is reason to believe is or was holding

such resources or property or obtained such accretion in

trust for or on behalf of the accused or as a gift from the

accused.

Person giving bribe not to be regarded as an accomplice.

21. Notwithstanding any rule of law or practice to the

contrary, no witness shall, in any proceedings for an offence

under Part II, be regarded as an accomplice by reason only

of any payment or delivery by him or on his behalf of any

advantage to the person accused.

Power of court to grant conditional pardon.

22. (1) In or for the purpose of any proceedings for

an offence under Part II, a magistrate or the court may, with

the consent in writing of the Attorney General, order that a

pardon be granted to any person accused or suspected of, or

committed for trial for any such offence, on condition that

he shall give full and true evidence of all things as to

which he is lawfully examined.

(2) A pardon granted under subsection (1) may be withdrawn

by a magistrate or the court if the magistrate or the court

considers that the person to whom the pardon was granted has

wilfully withheld evidence or given false evidence.

Protection of informer.

23. (1) Except as hereinafter provided, no witness shall,

in any proceedings for an offence under Part II, be obliged or

permitted to disclose the name or address of any informer or

state any matter which might lead to the latter's identification.

CONFIDENTIAL

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